Court upholds Kindiki’s appointment as Deputy President, says public participation was not required

Court upholds Kindiki’s appointment as Deputy President, says public participation was not required
Court upholds Kindiki’s appointment as Deputy President, says public participation was not required - Deputy President Kithure Kindiki during his swearing-in following the impeachment of his predecessor, Rigathi Gachagua. (Photo: File/X/Kithure Kindiki)
Deputy President Kithure Kindiki during his swearing-in following the impeachment of his predecessor, Rigathi Gachagua. (Photo: File/X/Kithure Kindiki)

High Court upholds Kithure Kindiki’s appointment as Deputy President, ruling that the process followed the Constitution and did not require public participation.

The High Court has upheld the appointment of Prof. Kithure Kindiki as Deputy President, ruling that the process used to fill the vacancy was constitutional and that public participation was not required.
In a judgment delivered on Monday, a three-judge bench comprising Justices Eric Ogola, Anthony Mrima and Dr Freda Mugambi held that the Constitution provides a clear procedure for filling a vacancy in the office of Deputy President.
The judges stated that under Article 149, the President nominates a replacement who must then be approved by Parliament before assuming office.

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“The approval of a Deputy President nominee for appointment as the substantive Deputy President does not require public participation.
In undertaking such approval, Parliament exercises delegated sovereign authority on behalf of the people, as provided for under the Constitution,” the bench stated.
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The court further held that the approval process is primarily procedural and adjudicative, rather than consultative, making public participation unnecessary in such appointments.

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At the same time, the judges addressed wider concerns over the constitutional framework governing the removal of a Deputy President, noting that Article 150 does not set out a detailed statutory mechanism for impeachment.
They warned that this gap leaves key procedural questions to judicial interpretation, which could affect legal certainty and public confidence.
“Parliament should urgently enact legislation to provide a comprehensive framework for the removal of a Deputy President under Article 150 of the Constitution,” the court said.
However, the bench emphasised that the absence of such legislation does not invalidate the impeachment of former Deputy President Rigathi Gachagua. It found that Parliament relied on the safeguards in Articles 144 and 145 to guide the process and ensure compliance with constitutional protections.
The ruling settles key questions arising from the leadership transition after Gachagua’s removal and confirms the constitutional validity of Prof. Kindiki’s appointment as Deputy President.

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